| Citation(s) |
|---|
| 2026 SLG 2322 2026 SLD 2322 = 2026 MLD 416 |
Supreme Appellate Court Gilgit-Baltistan
Criminal Misc. No. 384 of 2025, decided on 29th September, 2025.
Mushtaq Muhammad, J
Muntazir Abbas for Petitioner. Malik Sherbaz Khan Additional Advocate General for the State. Complainant in person along with counsel Imtiaz Huassain.
Criminal Misc. No. 384 of 2025, decided on 29th September, 2025.
Mushtaq Muhammad, J
Muntazir Abbas for Petitioner. Malik Sherbaz Khan Additional Advocate General for the State. Complainant in person along with counsel Imtiaz Huassain.
ALI SHAN---Petitioner
VERSUS
The STATE through Ammar Ali---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 376, 377, 342, 506, 34
Criminal Procedure Code (V of 1898) S. 497---Penal Code (XLV of 1860), Ss. 376, 377, 342, 506 & 34---Rape, unnatural offence, wrongful confinement, criminal intimidation, common intention---Bail, dismissal of---Allegations of abduction and unnatural offence were levelled against the accused/petitioner---Apparently the FIR suffered a delay of almost twenty-seven days---Perusal of the document revealed that complainant, a teenage boy, reported the egregious incident on 02-07-2025 and had justified the said lapse of time by stating that he was under serious threat extended by the accused/petitioner---Keeping the said statement of the victimized boy, the record of the case was examined---During the perusal of record, statement of witness caught the attention---Said witness had corroborated the statement of victim boy regarding the alleged intimidation for taking leverage---Said witness also stated about some video recording of the alleged abhorrent incident and the alleged threat of the accused/petitioner for displaying the same on social media---Regarding abduction for un-natural lust, the statement of the victim was corroborated by the witness---There was prima facie evidence of abduction and un-natural offence on record and offence under S. 367-A, P.P.C provided capital punishment---Delay in lodging of the report was explained by the complainant and same was corroborated by the witness---Other point regarding age of the accused/petitioner was not convincing---Keeping in view the particular nature of the offence, point of juvenility was out of consideration---Mere fact that accused/petitioner was a juvenile could be considered in other offences, but in a case where the accused was charged for un-natural offence and prima facie evidence supported the allegation, it would be erroneous to declare the accused a juvenile---Without recording and discussing this point any further, lest the Trial Court would get influenced, the matter was left at the discretion of Trial Court---However, keeping in view the gravity of offences, the accused/petitioner could not be granted benefit of him being one year below the age of adulthood at this stage---Bail application being…